United States v. James McKnight

United States Court of Appeals
For the Eighth Circuit
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No. 15-3957
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Elvis H. Tobar Hernandez
lllllllllllllllllllllPetitioner
v.
Loretta E. Lynch, Attorney General of the United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: October 12, 2016
Filed: October 17, 2016
[Unpublished]
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Before SMITH, BENTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Elvis H. Tobar Hernandez, a citizen of El Salvador, petitions for review of an
order of the Board of Immigration Appeals dismissing his appeal from an adverse
decision of an immigration judge. He challenges the denial of his claim for
withholding of removal based on an alleged well-founded fear of future persecution,
and the denial of relief under the Convention Against Torture (CAT). After careful

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consideration, we conclude that substantial evidence supports the decision. See
Davila-Mejia v. Mukasey, 531 F.3d 624, 627, 629 (8th Cir. 2008) (standard of
review); cf. Garcia v. Holder, 746 F.3d 869, 872-73 (8th Cir. 2014) (opposition to
gangs is not basis for cognizable “particular social group”); Cooke v. Mukasey, 538
F.3d 899, 908 (8th Cir. 2008) (claim under CAT fails where based on same facts as
unsuccessful asylum and withholding-of-removal claims).
The petition is denied. See 8th Cir. R. 47B.
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